This Article advocates that courts should distinguish between typical land use regulation and should impose stricter constitutional limitations on the eminent domain power. Under our current concept of public welfare the potential for government abuse of its eminent domain power is great. The government's attempt to eliminate an undersirable, but constitutionally protected, use from its community through condemnation must be carefully scrutinized to ensure that there is not an impermissible motive behind the action. Eminent domain actions targeting land uses protected by the First Amendment should be subject to heightened scrutiny.
Shelley Ross Saxer,
Eminent Domain Actions Targeting First Amendment Land Uses,
69 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol69/iss3/2